If married in Kentucky, and now living in Indiana:1) are there differences in legal separation if filed in KY or IN.2) are we required to file for legal separation in the state your marriage cert. is?3) Is there a way to separate finances legally without filing a formal legal separation or would not be considered legally binding?Thanks
State/Country relating to question: Kentucky
Hello, my name is XXXX, XXX I'll answer your question.
If either party has resided in Indiana for the past 6 months, then a petition for legal separation can be filed in Indiana.
No, if neither reside in Kentucky now, you cannot file in Kentucky.
Well, you can always separate finances by establishing separate bank accounts and making sure all property is in one name or the other ... but that will not prevent a divorce court from dividing the parties property in an equitable manner.Have I answered your questions?
Is there a "cooling" off period of say 60 days where both parties are not to live together before filing separation in Indiana? I think it is the case in KY?
Last question, what does dividing parties property in an equitable manner mean. Is it referring to actual house and land property or cash assets in bank?
We have $160K in cash, about $120 in equity in house and vacant land
IF she elects to keep the house would court award the equity in cash to me?
Dividing the property means all the property, real estate as well as cash. I can't answer the question of how the court would divide the property, as I have _way_ too little information about your situation to give you any useful information.There is no 60 day cooling off required in Indiana. The legal separation only has a duration of one year.
THanks for your insight...
I've been in practice for 30+ years, concentrating in family and employment law. I enjoy helping people.
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